G.R. No. 166408 - Quezon City vs. ABS-CBN Broadcasting Corp.

The case involves accused-appellant Raymundo Magtibay y BachoCo, charged with rape as per Article 335 of the Revised Penal Code, as amended by R.A. 7659.
The alleged incident occurred on or about September 15, 1997, at approximately 8:00 o’clock in the evening in Barangay Sagana, Municipality of Bongabong, Oriental Mindoro.
It is alleged that the accused, with “lewd and unchaste design,” used force and threats to kill the victim, Rachelle Recto y Rafal, thereby compelling her into submission without her consent.
The Information details that the accused not only forcibly removed the victim’s garments but also committed the act by inserting his penis, despite her attempts to resist out of understandable fear.

Rachelle Recto testified that while buying cigarettes and ice at the store of Ka Emma Hernandez (located about 40 meters from her house), she noticed the accused standing and staring at her.
On her way home, the accused approached her, forcibly grabbed her right hand, covered her mouth, and threatened to kill her if she shouted for help.
The victim testified that he then made her lie down on a grassy area, removed her shorts and panties, and committed the rape.
Because of the fear induced by his threats, Rachelle did not report the incident immediately; it was only upon discovering that she was pregnant and after undergoing an x-ray examination that she informed her mother.
Rachelle later gave birth to a baby boy, which is also noted as part of the evidence confirming the commission of the crime.

Testimony of Gaudiosa Recto (Rachelle’s mother) confirmed her awareness of the incident only after being informed indirectly via medical examination results indicating pregnancy.
Dr. Ronaldo Fetalberto, the Municipal Health Officer, attested that upon examination, the victim showed physical signs including abdominal enlargement and a lacerated genital area, consistent with the alleged rape.
The Medico-Legal Report highlighted specific findings such as a laceration on the labia minora, evidence of whitish discharge, and the presence of a fetus on radiological examination.

Accused-appellant claimed that he was bedridden due to influenza from September 14 to September 19, 1997, and was resting at his parents-in-law’s residence at Sitio Suli, Sagana.
His wife, Merlyn Magtibay, corroborated his claim by testifying that he was indeed ill and unable to leave his bed on the day of the incident.
Remuel Gallos, the son of the Barangay Captain, also testified that on September 15, 1997, when he visited the accused to request tricycle services, he found him confined to bed, thereby reinforcing the claimed alibi.
Despite these alibi testimonies, the prosecution presented consistent eyewitness and forensic evidence directly linking the accused to the scene and the act as testified by Rachelle.

During trial, cross-examination of Rachelle delved into the circumstances of her affidavit preparation, with the defense arguing that her testimony was rehearsed, particularly noting that her affidavit had been prepared jointly with her mother at the police station.
The accused’s counsel attempted to discredit her testimony by highlighting inconsistencies regarding her ability to identify the accused in a police station setting, suggesting that her responses might have been coached.
Nevertheless, the prosecution’s detailed presentation of the incident—including the victim’s immediate physical and emotional reaction, the corroborative medical findings, and the sequence of events—served to reinforce the credibility of her account.

Whether the trial court erred in giving weight and credence to the testimonies of the victim, Rachelle Recto, and her supporting witnesses despite claims of the testimony being rehearsed.
The issue also encompasses whether the ex parte affidavit and the manner in which it was prepared affected the credibility of the testimony.

Whether the evidence submitted by the accused regarding his illness and alibi was sufficient to cast reasonable doubt on his presence at the scene of the crime.
Whether the defense’s claim of being bedridden due to influenza could negate the circumstantial evidence demonstrating his involvement.

Whether the cumulative evidence—eyewitness accounts, physical examinations, and corroborative medical reports—secured by the prosecution established the crime of rape beyond reasonable doubt.
Whether the trial court appropriately evaluated and weighed this evidence in arriving at a conviction.

The proper computation and justification for the civil indemnity and moral damages awarded to the victim, including whether the trial court’s order for indemnity should be modified to account for moral damages.
The issue of the victim’s child’s support being included within the scope of the offender’s civil liabilities.